Torch Electronics, LLC, Et al. Missouri Cases

Torch Electronics and Warrenton Oil Co. sought a declaratory judgment that their gaming devices were not illegal gambling devices under section 572.010, RSMo, and an injunction against the Highway Patrol from seizing them. The Missouri Gaming Association intervened, seeking a declaration that the devices were illegal. The trial court dismissed all claims, finding that Missouri courts generally lack authority to provide equitable relief relating to criminal statutes without a challenge to the statute's constitutionality or validity. The appellate court affirmed the dismissals, agreeing that no such challenge was raised by any party.